The High Court allowed a review petition by the State of Kerala in an execution petition concerning land awards. The judgment was recalled to align with the Court's order staying appeals of the State, which required depositing 50% compensation.
Review petition allowed; judgment in the original execution petition recalled.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 24TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944
RP NO. 166 OF 2022
IN
O.P.(C) NO.1422 OF 2021
REVIEW PETITIONER/S:
STATE OF KERALA
SPECIAL TAHSILDAR(LA) RAILWAYS, KAYAMKULAM, PIN -
690106
BY ADV GOVERNMENT PLEADER
RESPONDENT/S:
1 KUNJI KRISHNA PILLAI AGED 87 YEARS
S/O LATE KOCHU KUNJU PILLAI, CHANDRAVILASAM,AYAPARAMBU
MURI,CHERUTHANA, PIN - 690517
2SOUTHERN RAILWAYS
ERNAKULAM, PIN - 682016
BY ADV A.KRISHNAN(K/169/1993) (B/o)
OTHER PRESENT:
GP P.S.APPU; SC FOR RAILWAYS A. DINESH RAO
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
24.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NO. 166 OF 2022 IN O.P.(C) NO.1422 OF 2021
2
O R D E R Dated this the 24th day of August, 2022
This review petition is filed pointing out that
subsequent to the judgment of this Court, the Government has preferred Land Acquisition Appeals challenging the awards which are sought to be executed by the original petitioner. It is submitted that in connected appeals, this court has stayed the execution, subject to the deposit of 50% of the compensation amount with proportionate interest and cost before the Authority within 60 days. The claimant has also been given liberty to move the Authority for withdrawal of the deposited amount in accordance with law.
RP NO. 166 OF 2022 IN O.P.(C) NO.1422 OF 2021
3
State having preferred appeals against the awards, for the execution of which time limit is stipulated in these original petitions, I deem it appropriate to review the judgment in view of the fact that, while admitting the appeals and granting stay, this court is directing payment of 50% of the compensation amount.
In that view of the matter, the review petition is allowed and the judgment is recalled.
Sd/-
V.G.ARUN
JUDGE
RK
2 issues framed by the court
Whether the review petition should be allowed in view of the State preferring appeals challenging the awards and seeking stay on execution subject to deposit.
Whether the judgment in the original execution petitions should be recalled to align with the conditions imposed in accompanying appeals.
State of Kerala, Special Tahsildar(LA) Railways, Kayamkulam
Kunji Krishna Pillai
Southern Railways
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court